Client Alert Newsletter

Anticipated Regulatory Initiatives and Developments for 2011

The U.S. Environmental Protection Agency ("EPA") intends to issue a significant rulemaking that will affect water intake structures. After years of litigation and attempted regulatory efforts, EPA reports that it is prepared to pursue regulation of specific rules governing water intake structures for industrial sources. The same or related rulemaking will also impact thermal discharges from these and other sources. Depending upon the quantity of water use and the existing technology employed by an industrial facility, requirements associated with best available technology for water intake structures could impose upon existing sources millions of dollars in additional costs. Further, strict limitations on thermal discharge may limit the alternative technologies available to these regulated sources.